Pedestrian accidents are a serious concern in Florida. Each year, thousands of pedestrians are injured or killed on the state’s roads, often due to drivers who are distracted, reckless, or under the influence. These accidents are rarely minor and can result in severe, life-changing injuries.
If you or a loved one has been hit by a car in Florida, your own personal injury protection (PIP) coverage may offer some relief for your medical expenses. However, if your treatment costs exceed your policy’s limits or your injuries are severe, you may have the option of filing a lawsuit against the driver who hit you or another responsible party. If you’ve been hurt and are unsure of what to do next, we encourage you to reach out to our Florida pedestrian accident lawyers for guidance.
Key Takeaways
- Florida has some of the highest pedestrian accident rates in the country, often caused by distracted or negligent drivers.
- Injured pedestrians may face severe medical costs, lost income, and emotional trauma that exceed basic insurance coverage.
- Chiappetta Trial Lawyers builds strong cases to hold drivers accountable and fight for full compensation on behalf of victims.
If You’ve Been Hurt, Here’s How Our Florida Pedestrian Accident Attorneys Can Help
Although Florida is a no-fault insurance state, meaning that injured pedestrians and drivers must first turn to their own PIP coverage regardless of who caused the accident, fault does matter should you need to file a pedestrian accident lawsuit. To succeed, you must show that the driver who hit you was at least 50% responsible.
Our pedestrian accident lawyers will gather all available evidence to build your case, whether that comes from police reports, witness statements, or video footage from dashcams or nearby security cameras. We will also focus on accurately calculating the full extent of your damages, including medical expenses, lost income, and pain and suffering. Finally, we take on the settlement negotiation process, handling all communications with the opposing party and their insurer on your behalf.
Our lawyers are skilled negotiators who will put every resource behind your case to fight for full compensation for your injuries.
What are the Main Causes of Pedestrian Accidents?
Florida is one of the most dangerous states to be a pedestrian. According to the most recent statistics, nearly 23% of all traffic fatalities in Florida are pedestrians. In many cases, these accidents are the result of negligent driving, such as:
- Texting or other forms of distracted driving
- Speeding or aggressive driving
- Failure to yield at crosswalks or intersections
- Driving under the influence of alcohol or drugs
- Running red lights or stop signs
- Making unsafe turns, especially at busy intersections
- Drowsy or fatigued driving
Where Do Most Pedestrian Accidents Occur?
Pedestrian accidents can happen anywhere pedestrians and motor vehicles co-exist, but they can happen more often in certain areas than others. One of the most common areas for pedestrian-vehicle collisions to occur is at intersections, especially when there is little signage, poor visibility, or no crosswalk signals. In these scenarios, many pedestrians assume that the driver will stop or yield, but sadly, this is not always the case.
Areas that see heavy car and foot traffic also have a higher likelihood of a pedestrian accident. This includes school zones, shopping centers, and other destinations where cars must make frequent stops or unexpected turns to pick up or drop off passengers.
How Much Compensation Can You Get for a Pedestrian Accident?
The value of your pedestrian accident case depends on a variety of factors. However, the severity of your injuries plays a significant role. The more serious your injuries are, the more your case is likely to be worth due to the increased cost of your medical expenses and other damages. In a typical pedestrian accident case, you may be able to pursue compensation for:
- Medical expenses, including emergency room visits, hospital stays, surgeries, physical therapy, prescriptions, medical devices, and future medical treatment
- A percentage of your wages while you recover, including future earning capacity if you are unable to return to work or work in the same capacity as before your injuries
- Emotional trauma, such as PTSD, anxiety, or depression
- Disfigurement, chronic pain, forced lifestyle changes, and the inability to socialize
Remember that it’s best to talk with a lawyer before you agree to any settlement offers, as many initial offers are purposefully undervalued. Your lawyer will be able to calculate the true extent of your damages and handle settlement negotiations to ensure you’re getting paid a fair amount.
How To Avoid Pedestrian Accidents
Florida sees some of the highest rates of pedestrian accidents nationwide, but there are measures that pedestrians can take to minimize their risk of getting hit:
- Be visible: If you are walking at night or in an area with poor visibility, it’s always a good idea to wear bright clothing. Whenever possible, always stick to routes that are well-lit.
- Use sidewalks: In every scenario, put as much distance between you and traffic as possible. If you need to walk in an area with no sidewalks, walk facing traffic so that you can spot approaching vehicles.
- Always be cautious at intersections and crosswalks: Whenever crossing a street, attempt to make eye contact with the approaching drivers to make sure that they see you. Do not attempt to cross if the driver does not appear to be slowing down.
- Avoid distractions: Many pedestrians enjoy listening to headphones while they walk or run, but it’s generally considered unsafe if you are actively crossing a street or in an area with no sidewalks. Always keep your eyes on the road and remain alert, especially in areas you are unfamiliar with.
What To Do After a Pedestrian Accident
If you’ve been hit by a car or other vehicle, it’s important to do your best to remain calm and take the following steps to protect both your health and legal rights:
- Seek immediate medical attention: Most pedestrian accidents result in serious injuries, but even if your injuries are seemingly minor, it’s best to see a doctor right away to play it safe.
- Notify the police: Calling the police ensures that an official police report is created. This is an important piece of evidence that documents key details such as who the driver is, the location of the accident, and the contact information of witnesses.
- Collect any additional evidence: If you are able, take photos of the vehicle that hit you, your injuries, and the site of the accident. Additionally, exchange contact information with the driver and any nearby witnesses. You can also ask someone else to do these things if your injuries prevent you from doing them yourself.
- Contact a pedestrian law firm: If you have PIP insurance, you can use it to cover a portion of your medical bills. However, many pedestrian accidents involve serious injuries, and it is likely that your costs will exceed your policy limits. Speaking with an attorney can help you understand whether you may be able to file a lawsuit to cover your remaining damages.
It’s best to talk with a lawyer before you agree to any settlement offers, as many initial offers are purposefully undervalued.
Florida Pedestrian Accident Lawyer: FAQs
How Long Do I Have To File a Claim?
Victims typically have two years to file a pedestrian accident claim. However, there may be circumstances that increase (or decrease) the amount of time you will be eligible to file, which is why it is best to speak with an attorney as soon as possible after an accident.
How Long Does it Take to Settle a Pedestrian Accident?
Cases can take more or less time to resolve based on factors such as how severe your injuries are and how willing the opposing party and their insurer are to negotiate. Some cases may take only a few months, while others can take more than a year.
What If I Wasn’t Paying Attention Before the Accident Happened?
Even if you are partially responsible for the collision, it doesn’t mean that you are ineligible for compensation. Under Florida’s modified comparative negligence law, you are only disqualified from seeking compensation in a personal injury lawsuit if you are found over 50% liable for the accident.
However, your settlement amount will be determined by the percentage of liability. For example, if you are found 25% liable for the accident, you will still be eligible for 75% of the damages. This is why having a lawyer demonstrate the other driver’s fault is essential to receiving the full amount of the compensation.
What If the Accident Was a Hit-and-Run?
There are still options for pedestrians who were hit by an unidentified driver. One option is to file an uninsured motorist claim through your own auto insurance policy. In these cases, it is best to speak with an attorney to understand the options that may be available to you and that you have the best chance of receiving full compensation.
Hit by a Car While Walking in Florida? Get in Touch With Chiappetta Trial Lawyers
At Chiappetta Trial Lawyers, we’ve seen firsthand just how devastating pedestrian accident injuries can be. Many victims suffer from lasting pain, physical limitations, and emotional trauma, and we understand just how important it is to secure compensation that accounts for these life-changing effects.
We have recovered millions of dollars on behalf of injured Floridians, guiding them through the legal process with compassion and confidence. If you’ve been hurt in a pedestrian accident in Florida, reach out to us to schedule a free consultation. We’ll help review your options and answer any questions you may have. We operate on contingency, meaning that there are no upfront costs, and you only pay if we win your case.
